Surrender before criminal revision is a valid procedural requirement, with courts retaining power to grant exemption in appropriate cases.

A rule requiring a convicted person to surrender to custody before a criminal revision is listed for admission is a valid procedural regulation designed to prevent absconding and manage revision proceedings. It is not arbitrary or discriminatory, and it does not conflict with the Code of Criminal Procedure, 1973. The court also recognised that its power to grant exemption from surrender in appropriate cases remains intact, so the rule cannot be read as barring listing where such exemption is granted. The challenge to Rule 159 of the High Court of Jharkhand Rules, 2001 therefore failed, and the rule was upheld as valid.

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Issues: Whether Rule 159 of the High Court of Jharkhand Rules, 2001, requiring surrender to custody before a revision arising out of conviction and sentence is posted for admission, is unconstitutional or inconsistent with the Code of Criminal Procedure, 1973, and whether the High Court retains power to exempt a petitioner from the surrender requirement in an appropriate case.

Analysis: The Rule was held to be a procedural provision meant to ensure that a convicted person does not abscond and to regulate the High Court's process in revision matters. It was found not to be arbitrary or discriminatory, and not in conflict with the substantive provisions of the Code of Criminal Procedure, 1973. The Court relied on the settled practice recognised in earlier decisions and noted that similar surrender requirements exist in the Supreme Court Rules, 1966. It further accepted that the High Court's inherent power to grant exemption from surrender in exceptional cases is not taken away, and that the Rule cannot be read so as to prevent the Court from directing listing where such exemption is granted.

Conclusion: Rule 159 of the High Court of Jharkhand Rules, 2001 was upheld as valid, and the challenge to it failed.

Final Conclusion: The petition was dismissed after affirming that a surrender requirement for criminal revisions is a valid procedural condition, subject to the Court's power to grant exemption in appropriate cases.

Ratio Decidendi: A court rule requiring surrender to custody before a criminal revision or appeal is heard is a valid procedural regulation, not inconsistent with the Code of Criminal Procedure, 1973, and remains subject to the court's power to grant exemption in appropriate cases.

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